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Entries from April 2008

Harrisonburg treasurer will not go quietly

April 30th, 2008 · No Comments · Criminal Law

Harrisonburg city treasurer Rebecca Neal is under indictment for alleged fraud. She faces a petition to have her removed from office. Just this week, an employee of her office sued her for alleged harassment.
But apparently Neal is not hiding or giving up. Her lawyer has fired back with a demurrer claiming the [...]

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Summary contempt for Beach lawyers reversed

April 30th, 2008 · 1 Comment · Uncategorized

Even the most even-tempered judge knows. Sometimes the lawyers in your courtroom are just going to yank your chain.
But a judge can be too quick to pull the trigger on a summary contempt citation under Va. Code § 18.2-456, as the Court of Appeals points out in Scialdone v. Commonwealth, decided yesterday.
In a 2-1 decision, [...]

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A bad night at the IHOP

April 30th, 2008 · No Comments · Uncategorized

Two vastly different stories emerge from the pleadings in a Newport News federal lawsuit where a woman claims she was refused service at an IHOP restaurant, according to the Virginia Gazette.

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Spammer gets another bite

April 29th, 2008 · No Comments · Supreme Court of Virginia, spam

The Supreme Court of Virginia has granted a rehearing petition in the case of the country’s first felony spam conviction. As explained by the Richmond Times-Dispatch, the issue is whether Virginia’s anti-spam law is unconstitutional on its face.

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Agee hearing is Thursday

April 29th, 2008 · No Comments · 4th Circuit, Federal judges, Politics, Supreme Court of Virginia

The nomination of Virginia Supreme Court Justice Steven Agee to the federal appeals bench has turned into a political football as U.S. senators wage their long-running battle over judicial nominations. Despite the wrangling, however, there is no suggestion that the prospects for Agee’s confirmation are threatened.
The skirmishing plays out against a background of political [...]

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More on Clemens appointment

April 25th, 2008 · No Comments · General Assembly, Judges

Roanoke Circuit Judge Swanson noted today that Chris Clemens was appointed to the district court bench by a “majority” of the circuit court judges. The Roanoke Times has more on the impact of the decision on Clemens’ law office and his role as member of the Salem City Council. Having given up his [...]

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Clemens tapped for Roanoke County judgeship

April 25th, 2008 · No Comments · Judges, Roanoke County

The General Assembly earlier this week elected judges for many of the open seats across the commonwealth. One of the positions that remained vacant after Wednesday was a general district judgeship in Roanoke County. Judge Julian Raney retired at the end of December.
Local legislators were deadlocked between Roanoke Commonwealth’s Attorney Donald Caldwell and Salem [...]

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Most judicial vacancies filled

April 24th, 2008 · No Comments · General Assembly, Judicial Elections

The General Assembly elected 22 judges late yesterday but failed to fill vacancies on the State Corporation Commission and in Norfolk, Virginia Beach, Hampton and Roanoke.
Court of Appeals Judges Robert J. Humphreys and Jean Harrison Clements won reappointments, and the other elections were for vacancies in circuit, general district and juvenile and domestic relations district [...]

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Bankrupt husband owes wife attorney’s fees

April 23rd, 2008 · No Comments · Divorce, bankruptcy

The nexus between debt and divorce has occupied the Virginia Court of Appeals this week.
In a published opinion out of Hanover County, the appellate court said in Marvin v. Marvin that a husband’s debt of attorney’s fees to wife in her proceeding charging violations of a court visitation order could not be discharged [...]

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U.S. Supreme Court reinstates Va. drug conviction

April 23rd, 2008 · No Comments · Criminal Law, Supreme Court of Virginia, U.S. Supreme Court

A unanimous U.S. Supreme Court ruled today that the illegality of a search under Virginia law does not require the suppression of evidence seized during the search.
Writing for the court in Virginia v. Moore, Justice Antonin Scalia said in that the high court long has held that probable cause to arrest justifies a search. Virginia [...]

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